Brussels I bis

Article 62

Untitled

1. In order to determine whether a party is domiciled in the Member State whose courts are seised of a matter, the court shall apply its internal law.

2. If a party is not domiciled in the Member State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Member State, the court shall apply the law of that Member State.

Holdings

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C-222/2316 May 2024

'Toplofikatsia Sofia' EAD

Article 62(1) precludes national legislation under which nationals of a Member State who reside in another Member State are deemed to be domiciled at an address that remains at all times registered in the first Member State.